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HomeMy WebLinkAbout20031506.tiff EXHIBIT INVENTORY CONTROL SHEET Case ORD #2003-1 -WELD COUNTY ROAD 1 COALITION Exhibit Submitted By Exhibit Description A. City of Longmont Letter (03/14/203) B. ltn Planning //1J Staff Land Ownership Affidavits C. ,thotuti (41.21,2603) D. E. F. G. H. J. K. L. M. N. O. P. Q. R. S. T. U. V. 2003-1506 03/14/03 16:09 FAX 970 304 6498 WELD PLANNING i0002 MAR.14.2083 11:40AM r10.587 P.1 Department of Community Development '� Office of the Director V Fa Civic Center Complex 950 Klmberk Street Longmont.Colorado 80501 Q (303)651-8320.Fax:(303)851-9896 Q.to v E-mail; M mail:PDELV*CI.LONONT.CQ.US A To: Monica Mika-Daniels,Weld County Planning Services Director CO Jay Rourke, Assistant City Attorney From: Phil DelVecchlo,Director Community Development Data: March 14, 2003 �t Re: MUD Expansion Please consider this letter as a supplement to the City of Longmont's June 5s'2002 response to Weld County Case number x2002-)0C, Amendment to the Mud Plan as submitted by the WCR#1 Coalition. This application was submitted to the County in March 2002,following the City of Longmont's adoption,at the request of the County Commissioners,of the Cooperative Planning Agreement,and, while tedtn'xally exempt from its provisions,we don't think that It should predude the County Commissioners from using several of the Agreements principles,along with a variety of other factors,to deny this MUD amendment One of those principles was to encourage urban development to be annexed to and served by an entity in the business of providing urban services such as Longmont. This helps to ensure that services are provided in the most effldent land use pattern possible,one that is adjacent to existing urban services. This principle is also a critical requirement of Weld County's when amending Its I.25 MUD area. We agree With the Weld County Planning Commission and Weld County Planning staff that there is no contiguity between the proposed additions to the MUD and the existing MUD,as required by the Weld County Ordinance. The applicants have mistakenly identified the ownership of the parcel dividing the S.Valley Drive LLC property(owned by Mr.Adrian)as being owned by the Clover Industrial LLC,which we believe is also owned by Mr. Adrian. That Is Incorrect. That parcel is owned in fee by the privately owned Union Reservoir Company,and that company has not Joined in this application, nor has it been contacted regarding the application to change its zoning to MUD. The lack of contiguity highlights the fact that granting this application will literally create an "island" of the MUD surrounded by property that Is either owned by or annexed to the qty of Longmont Creating such an island hardly squares with the primary MUD Goal to .,"Establish a sense of community identity within the Mbted Use Development area." (Sec. 26-1-50 B.1a.), In fact it runs counter to the desired goal set out as Sec. 26-1-50A. that: .."Defining and shaping communities within the MUD area not only open doors for more ttinctional regional activity, but will improve the sense of place for local residents and business owners." The application is also deficient In not demonstrating that public services will be provided, The City of Longmont is the designated provider of wastewater services to this area,and no requests have been made, nor a formal commitment sought for such service. We also understand that the applicants have yet to seek a commitment from the Longs Peak Water Dishict to supply water service to this area. It is for these reasons as well as those Identified in our June 5r^,2002 letter that we respectfully request that the eid County Board of Commissioners deny this application to amend the MUD. EXHIBIT AFFIDAVIT OF INTERESTED LAND OWNERS http://maps.merrick.com/website/weld/set...0050,12073I000055,120731000007,&Par2=500 = EXHIBIT AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE Subject Parcel: 120731000060 THE UNDERSIGNED, states that to the best of his or her knowledge the attached list is a true and accurate list of the names, addresses, and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners of the property (the surface estate) within 500 feet of the property being considered. This list was compiled utilizing the records of the Weld County Assessor available on the Weld County Internet Mapping site, http://www.co.weld.co.us, and has not been modified from the original. The list compiled from the records of the Weld County Assessor was assembled within thirty days of the application's submission date. Signature Date Property Owners Within 500 ft. of Parcel# 120731000060 NAME MAILING ADDRESS PARCEL IDENTIFICATION # BRAESCH TERRY A 8i 12456 WCR 1 120731000061 KATHRYN A LONGMONT CO 80504 12516 COUNTY RD 1 ECKEL MARGARET 120731200065 LONGMONT,CO 80504 CIO PATRICIA ECKEL ECKEL MARGARET TRUSTEE 12516 WELD CO RD 1 ! 120731200068 LONGMONT CO 80504 12490 WCR 1 IDEN BERNEN E 8t LOIS G 120731000004 LONGMONT,CO 805049575 350 KIMBARK ST LONGMONT CITY OF 120731200065 LONGMONT,CO 80501 ATTN: KEN HUSON WATER LONGMONT CITY OF DEPT 120731200069 350 KIMBARK ST LONGMONT,CO 80501 3RD 8i KIMBARK LONGMONT CITY OF 120731200067 LONGMONT,CO 80501 I of 2 03/04/2003 9:30 AM AFFIDAVIT OF INTERESTED LAND OWNERS http://maps.merrick.com/website/weld/set...0050,120731000055,120731000007,ezPar2=500 12380 WELD CO RD 1 I MILLER DAVID R & LINDA 120731000050 ;JANE LONGMONT,CO 80501 12566 COUNTY RD 1 RICE JAMES 120731200065 LONGMONT,CO 80504 SEAMAN THOMAS D 12566 WELD CO RD 1 DIANE F 120731200064 _ LONGMONT,CO 80504 12566 COUNTY RD 1 SEAMAN TOM & DIANE 120731200065 LONGMONT,CO 80504 C/O CHRISTOPHER ADRIAN SOUTH VALLEY DRIVE LLC P O BOX 717 120731000007 LONGMONT,CO 80502 PO BOX 1198 STAMP JEFF & TERESA 120731200067 LONGMONT,CO 80502 P O BOX 449 UNION RESERVOIR 120731000027 GREELEY,CO 80632 VAN ZUIDEN RICHARD 12540 COUNTY RD 1 FAMILY TRUST 120731000002 LONGMONT,CO 80504 12244 WELD CO RD 1 WILLIS PHILLIP M 8I MARSHA 120731000055 LONGMONT,CO 80504 -----------------_-� 12624 COUNTY RD 1 ZARUBA RONALD 120731200067 _._.___---------------_-._-_ - LONGMONT,CO 80504 2 of 2 03/04/2003 9:30 AM AFFIDAVIT OF INTERESTED LAND OWNERS http://maps.merrick.com/website/weld/set...0004,120731000050,120731000055,8tPar2=500 AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE Subject Parcel: 120731000050 THE UNDERSIGNED, states that to the best of his or her knowledge the attached list is a true and accurate list of the names, addresses, and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners of the property (the surface estate) within 500 feet of the property being considered. This list was compiled utilizing the records of the Weld County Assessor available on the Weld County Internet Mapping site, http://www.co.weld.co.us, and has not been modified from the original. The list compiled from the records of the Weld County Assessor was assembled within thirty days of the application's submission date. Signature Date Property Owners Within 500 ft. of Parcel# 120731000050 NAME ! MAILING ADDRESS PARCEL IDENTIFICATION # BRAESCH TERRY A 8t 12456 WCR 1 KATHRYN A 120731000061 LONGMONT,CO 80504 12490 WCR 1 IDEN BERNEN E 81 LOIS G 120731000004 _ _ LONGMONT,CO 805049575 r 12244 WELD CO RD 1 WILLIS PHILLIP M az MARSHA 120731000055 LONGMONT,CO 80504 ILLIS PHILLIP M 8i MARSHA 12244 WELD CO RD 1 120731000060 LONGMONT,CO 80504 I of 1 03/04/2003 9:42 AM AFFIDAVIT OF INTERESTED LAND OWNERS http://maps.merrick.com/website/weld/set...0060,120731000061,120731000004,acPar2=500 AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE Subject Parcel: 120731000002 THE UNDERSIGNED, states that to the best of his or her knowledge the attached list is a true and accurate list of the names, addresses, and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners of the property (the surface estate) within 500 feet of the property being considered. This list was compiled utilizing the records of the Weld County Assessor available on the Weld County Internet Mapping site, http://www.co.weld.co.us, and has not been modified from the original. The list compiled from the records of the Weld County Assessor was assembled within thirty days of the application's submission date. Signature Date Property Owners Within 500 ft. of Parcel# 120731000002 NAME MAILING ADDRESS PARCEL IDENTIFICATION # BRAESCH TERRY A St 12456 WCR 1 jKATHRYN A 120731000061 LONGMONT,CO 80504 CIO PATRICIA ECKEL ECKEL MARGARET TRUSTEE 12516 WELD CO RD 1 120731200068 LONGMONT,CO 80504 12490 WCR 1 IDEN BERNEN E 81 LOIS G 120731000004 LONGMONT,CO 805049575 KELLIHER JOSEPH R 8t 12628 COUNTY RD 1 MAXINE L 120731000058 LONGMONT,CO 805049575 3RD 8t KIMBARK LONGMONT CITY OF 120731200067 LONGMONT,CO 80501 ATTN: KEN HUSON WATER LONGMONT CITY OF DEPT 120731200069 350 KIMBARK ST LONGMONT,CO 80501 SEAMAN THOMAS D 8t 12566 WELD CO RD 1 DIANE F 120731200064 LONGMONT,CO 80504 - -- PO BOX 1 198 1 of 2 02/25/2003 10:56 AM AFFIDAVIT OF INTERESTED LAND OWNERS http://maps.merrick.com/website/weld/set...0060,120731000061,120731000004,&Par2=500 STAMP JEFF & TERESA 120731200067 LONGMONT,CO 80502 !WILLIS PHILLIP M Si MARSHA 12244 WELD CO RD 1 A 120731000060 LONGMONT,CO 80504 12624 WELD CO RD 1 ZARUBA RONALD 120731200066 LONGMONT,CO 80504 12624 COUNTY RD 1 ZARUBA RONALD 120731200067 LONGMONT,CO 80504 2 of 2 02/25/2003 10:56 AM AFFIDAVIT OF INTERESTED LAND OWNERS http://maps.merrick.com/website/weld/set...0060,120731000061,120731000004,8&Par2=500 AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE Subject Parcel: 120731200068 THE UNDERSIGNED, states that to the best of his or her knowledge the attached list is a true and accurate list of the names, addresses, and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners of the property (the surface estate) within 500 feet of the property being considered. This list was compiled utilizing the records of the Weld County Assessor available on the Weld County Internet Mapping site, http://www.co.weld.co.us, and has not been modified from the original. The list compiled from the records of the Weld County Assessor was assembled within thirty days of the application's submission date. Signature Date P rope_r_ty____Ow__n__e__rs Within 500 ft. of Parcel# 120731200068 _ NAME I MAILING ADDRESS I PARCEL IDENTIFICATION # 12456 WCR 1 BRAESCH TERRY A 8t I 120731000061 KATHRYN A LONGMONT,CO 80504 12516 COUNTY RD 1 ECKEL MARGARET 120731200065 LONGMONT,CO80504 12490 WCR 1 IDEN BERNEN E 8i LOIS G 120731000004 LONGMONT,CO 805049575 KELLIHER JOSEPH R 8t 12628 COUNTY RD 1 MAXINE L 120731000058 LONGMONT,CO 805049575 350 KIMBARK ST LONGMONT CITY OF 120731200065 LONGMONT,CO 80501 ATTN: KEN HUSON WATER DEPT LONGMONT CITY OF 350 KIMBARK ST 120731200069 LONGMONT,CO 80501 3RD 8t KIMBARK LONGMONT CITY OF 120731200067 LONGMONT,CO 80501 1 of 2 03/04/2003 8:58 AM AFFIDAVIT OF INTERESTED LAND OWNERS http://maps.merrick.com/website/weld/set...0060,120731000061,120731000004,eiPar2=500 12566 COUNTY RD 1 RICE JAMES 120731200065 LONGMONT,CO 80504 (SEAMAN DIANE F THOMAS D St 12566 WELD CO RD 1 120731200064 LONGMONT,CO 80504 12566 COUNTY RD 1 SEAMAN TOM at DIANE 120731200065 LONGMONT,CO 80504 PO BOX 1198 STAMP JEFF 81 TERESA 120731200067 LONGMONT,CO 80502 VAN ZUIDEN RICHARD 12540 COUNTY RD 1 FAMILY TRUST 120731000002 LONGMONT,CO 80504 WILLIS PHILLIP M 8I MARSHA 12244 WELD CO RD 1 120731000060 LONGMONT,CO 80504 12624 WELD CO RD 1 ZARUBA RONALD 120731200066 LONGMONT,CO 80504 12624 COUNTY RD 1 jZARUBA RONALD 120731200067 LONGMONT,CO 80504 2 of 2 03/04/2003 8:58 AM AFFIDAVIT OF INTERESTED LAND OWNERS http://maps.merrick.com/website/weld/set...0061,120731000004,120731000050,8&Par2=500 AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE Subject Parcel: 120731000004 THE UNDERSIGNED, states that to the best of his or her knowledge the attached list is a true and accurate list of the names, addresses, and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners of the property (the surface estate) within 500 feet of the property being considered. This list was compiled utilizing the records of the Weld County Assessor available on the Weld County Internet Mapping site, http://www.co.weld.co.us, and has not been modified from the original. The list compiled from the records of the Weld County Assessor was assembled within thirty days of the application's submission date. Signature Date Property Owners Within 500 ft. of Parcel# 120731000004 NAME MAILING ADDRESS PARCEL IDENTIFICATION # BRAESCH TERRY A az 12456 WCR 1 KATHRYN A 120731000061 LONGMONT,CO 80504 CIO PATRICIA ECKEL ECKEL MARGARET TRUSTEE 12516 WELD CO RD 1 120731200068 LONGMONT,CO 80504 ATTN: KEN HUSON WATER DEPT LONGMONT CITY OF 350 KIMBARK ST 120731200069 LONGMONT,CO 80501 MILLER DAVID R az LINDA 12380 WELD CO RD 1 ;JANE 120731000050 LONGMONT,CO 80501 SEAMAN DIANE F THOMAS D al 12566 WELD CO RD 1 120731200064 LONGMONT,CO 80504 VAN ZUIDEN RICHARD 12540 COUNTY RD 1 FAMILY TRUST 120731000002 LONGMONT,CO 80504 WILLIS PHILLIP M az MARSHA 12244 WELD CO RD 1 120731000060 A LONGMONT,CO 80504 1 of 1 03/04/2003 9:00 AM AFFIDAVIT OF INTERESTED LAND OWNERS http://maps.merrick.com/website/weld/set...0061,120731000004,120731000050,a&Par2=500 AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE Subject Parcel: 120731000061 THE UNDERSIGNED, states that to the best of his or her knowledge the attached list is a true and accurate list of the names, addresses, and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners of the property (the surface estate) within 500 feet of the property being considered. This list was compiled utilizing the records of the Weld County Assessor available on the Weld County Internet Mapping site, http://www.co.weld.co.us, and has not been modified from the original. The list compiled from the records of the Weld County Assessor was assembled within thirty days of the application's submission date. Signature Date Property Owners Ow_n_e_rs Within 500 ft._ of Parcel# 120731000061 _ NAME MAILING ADDRESS I PARCEL IDENTIFICATION # 12516 COUNTY RD 1 ECKEL MARGARET 120731200065 LONGMONT,CO 80504 C/O PATRICIA ECKEL ECKEL MARGARET TRUSTEE 12516 WELD CO RD 1 120731200068 LONGMONT,CO 80504 12490 WCR 1 WIDEN BERNEN E 8L LOIS G 120731000004 LONGMONT/CO 805049575 ATTN: KEN HUSON WATER LONGMONT CITY OF DEPT 120731200069 350 KIMBARK ST LONGMONT,CO 80501 350 KIMBARK ST LONGMONT CITY OF 120731200065 LONGMONT,CO 80501 3RD 8L KIMBARK LONGMONT CITY OF 120731200067 LONGMONT,CO 80501 MILLER DAVID R & LINDA 12380 WELD CO RD 1 ANE 120731000050 LONGMONT,CO 80501 12566 COUNTY RD 1 j 1 of 2 03/04/2003 9:23 AM AFFIDAVIT OF INTERESTED LAND OWNERS http://maps.merrick.com/website/weld/sec...0061,1 2073 1 000004,120731000050,&Par2=500 RICE JAMES 120731200065 LONGMONT,CO 80504 12566 WELD CO RD 1w SEAMAN THOMAS D 8t I 120731200064 DIANE F LONGMONT,CO 80504 12566 COUNTY RD 1 SEAMAN TOM 8& DIANE 120731200065 LONGMONT,CO 80504 PO BOX 1198 ---- -- STAMP JEFF 61 TERESA 120731200067 LONGMONT,CO 80502 E - ��'-12540 COUNTY RD 1 VAN ZUIDEN RICHARD 120731000002 FAMILY TRUST LONGMONT,CO 80504 WILLIS PHILLIP M SZ MARSHA 12244 WELD CO RD 1 - 120731000060 A LONGMONT,CO 8050412624 COUNTY RD 1 ZARUBA RONALD 120731200067 LONGMONT,CO 80504 _ 2 of 2 03/04/2003 9:23 AM From: Myrna Folsom <myrna_f_2000@yahoo.com> To: Carol Harding <charding@co.weld.co.us> T - Date: 4/2/03 10:08AM rn :3 . Subject: wcrl coalition To the Weld Board of County Commissioners H l =r' U Y� Subject: Weld County Road#1 Coalition, Ordinance 2003-1 I.-..J Dear Commissioners: I urge the Board to reconsider its decision to approve Code Ordinance#2003-1 for the following reasons: The applicants have not demonstrated compliance with Sections 22-1-150 and 26-1-30 of the Code that call for the public hearing process for amendments to begin in March or September of each year. More importantly, the applicants have not demonstrated compliance with Section 22-1-150 B4a of the code in that parts of the proposed amended area are not contiguous and not adjacent to the existing I-25 Mixed Use Development area Map. The allegation by the applicants,E representative that the intent of the Comprehensive Plan was to prevent flagpole configurations is not supported by any evidence. The purpose of the Comprehensive Plan is to affect what it states. The Comprehensive Plan has been recently extensively amended by the Board. Apparently, the Board did not see any necessity to modify, restrict or make exceptions to the adjacency and contiguity requirement. The Board might want to refer to the definitions of adjacent and contiguous as set forth in Black/Es Legal Dictionary to rebut the questionable assertion by the applicantslE representative that the lands north of the strip of land do meet the requirement of adjacency. One of the applicants stated that he requests the Board to represent his interests. It would seem that it is the purview of the appropriate courts, in response to an action brought by the applicant, to perform this function rather than the Board, which is being requested to more than represent, but to advance his interests. The statement by a Board member, that the existence of the strip of land preventing adjacency and contiguity is a otechnicalityo, is without merit. The strip of land is an actuality that voids the land north of it from inclusion in the MUD district. Further, it is highly questionable whether the alleged enhancement of property rights and equalization of capabilities for specific individuals is a legitimate goal or should be a policy of the Board. The Board should consider the possible motives of the applicants other than the subjective and self-promoting ones that they have presented. Might the driving motive be to use the Board as a contrivance to enhance their bargaining power in their negotiations with the City of Longmont for its acquisition of their property for an essential public need for additional water storage in Union Reservoir? In any event, the city of Longmont has passed an ordinance, empowering action, if negotiations fail, to condemn through its powers of eminent domain the property it requires for the above purpose as provided by CRS38-6-110 and 38-6-122, as interpreted by precedential court actions.As a result, in my opinion, if approved by the Board, it will be left in the position of being a willing pawn in the dispute between the applicants and the City of Longmont, in which approval of the Board of the amendment will have no affect on the outcome, in the long run. The Board/Es decision should be based, if I may, on the clear requirements of the Code and not get involved in the murky waters of the negotiations between the City of Longmont and the applicants. 1 EXHINIT I 0.-- '' ► # -! John Folsom PS Information for this letter is based on the Records of Proceedings of the first and second readings of proposed Code Ordinance#2003-1 and other referenced material. JF Do you Yahoo!? Yahoo! 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